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    Indiana late wage penalties are not debts "for services" under NY law
    2011-03-15

    WHITELY v. MORAVEC (February 16, 2011)

    Filed under:
    USA, New York, Employment & Labor, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Wage, Bankruptcy, Shareholder, Employee Retirement Income Security Act 1974 (USA), Debt, Joint and several liability, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Assigned bankruptcy claims included right to collect cure amount
    2011-03-21

    REGEN CAPITAL I, INC. v. UAL CORP. (February 18, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Precondition, Default (finance), United Airlines, AT&T, Indian National Congress, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Madoff trustee's amended complaint - more bad stuff 'bout the Mets (owners)
    2011-03-23

    Irving Picard, the trustee overseeing the liquidation of Bernard L.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Fraud, Liquidation, Gross negligence, Unsecured creditor, The New York Times, Trustee, Second Circuit, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Transactions can be outside the "ordinary course" and require SOFA disclosure without being fraudulent
    2011-04-19

    STAMAT v. NEARY (March 24, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Fraud, Debt, Legal burden of proof, Bench trial, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Take me to the River (Road): the Seventh Circuit prepares to weigh in on credit bidding
    2011-04-25

    The U.S. Court of Appeals for the Seventh Circuit has taken under advisement the latest case involving the now contentious issue of credit bidding.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Collateral (finance), Dissenting opinion, Secured creditor, Majority opinion, Secured loan, Title 11 of the US Code, United States bankruptcy court, Third Circuit, Seventh Circuit, US District Court for Northern District of Illinois
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bank's lack of diligence results in denial of late claim
    2011-05-25

    COMMODITY FUTURES TRADING COMMISSION v. LAKE SHORE ASSET MANAGEMENT LTD. (May 11, 2011)

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Share (finance), Shareholder, Fraud, Asset management, Default judgment, Commodity market, Pro rata, Commodity Futures Trading Commission (USA)
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    U.S. has no authority to issue writ of garnishment against assets of company in which judgment debtor invested
    2011-05-27

    UNITED STATES OF AMERICA v. ROGAN (May 12, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Medicare, Medicaid, Fraud, Interest, Limited liability company, Vacated judgment, Liquidation, Remand (court procedure), Writ
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Looks like Fred Wilpon picked the wrong week to quit drinking
    2011-05-27

    The well known travails of Fred Wilpon, the principal owner of the New York Mets, have all converged this past week. He, his partner Saul Katz and their families and affiliated enterprises (the “Wilpon/Katz Group”) lost several hundred million dollars when Bernard Madoff’s long running Ponzi scheme finally unraveled at the height of the financial crisis in 2008.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Fraud, Hedge funds, Liquidation, Good faith, Cashflow, Unsecured creditor, Lehman Brothers, Trustee
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Los Angeles Dodgers Chapter 11 - can they get Kirk Gibson admitted pro hac in Delaware?
    2011-07-01

    The Chapter 11 filing of the Los Angeles Dodgers is a desperate move by Frank McCourt to try to maintain his ownership of the team.  At least McCourt, whatever his shortcomings as a major league franchise owner, chose wisely in selecting bankruptcy lawyers.  Partners Bruce Bennett and

    Filed under:
    USA, Insolvency & Restructuring, Media & Entertainment, Kelley Drye & Warren LLP, Bankruptcy, Debtor
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Judge protects GM against most, but not all, ignition switch claims
    2015-04-20

    Judge Robert Gerber ruled last week that General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General Motors Corporation (“Old GM”), is shielded from a substantial portion of the lawsuits based on ignition switch defects in cars manufactured prior to New GM’s acquisition of the assets of Old GM in 2009.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, General Motors
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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